FreedomWorks - The Health Care Freedom Acthttp://www.freedomworks.org/fieldtags/health-care-freedom-act
enOhio Health Care Freedom Act Tabled By Republicanshttp://www.freedomworks.org/content/ohio-health-care-freedom-act-tabled-republicans
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"><p>Recently I <a href="http://www.freedomworks.org/blog/breeanneh/republican-barbara-sears-blocks-effort-against-obamacare" target="_blank">reported</a> on Ohio Republican Representative Barbara Sears’ failing to support The Health Care Freedom Act (HCFA) bill that would help defend Ohioans from Obamacare penalties. &nbsp;Currently the chances of the HCFA being considered for an additional hearing are weakening, as it has not been listed on the committee <a href="http://www.ohiohouse.gov/Assets/CommitteeSchedule/calendar.pdf" target="_blank">schedule</a>. &nbsp;</p><p>However, Rep. Sears did choose to respond to my article; but not to me and not proactively. &nbsp;Blogger Maggie Thurber, who has formerly worked with Sears, reached out to Sears for comment after my post angered Tea Party activists who were unaware of Sears’ actions. &nbsp;While her <a href="http://thurbersthoughts.blogspot.com/2013/03/rep-sears-responds-to-claim-that-shes.html" target="_blank">response</a> is too lengthy to post in full, much of it quoting language from the applicable bills and laws, Sears’ defense of her voting record is worthy of reaction. &nbsp;I reached out to Sears, as she expressed interest in me doing so, and have included her response to me as well.</p><p>To begin, Sears states:&nbsp;</p><blockquote><p>The following are my thoughts regarding several issues discussed in Breeanne Howe’s article. First, it’s always disappointing when someone chooses to make inferences both personal and professional without taking the time to look at facts or do even the minimum amount of research.</p><p>I appreciate that you reached out to me for some background. I have tried to summarize my comments in order of the article not to infer that the article is remotely creditable [sic] but to simply to review and comment process.</p></blockquote><p>First I’d like to thank the representative for taking the time to respond to my article, &nbsp;even though she didn’t find it at all credible. &nbsp;I’d also like to give reassurance that my post is well-researched, though one might not appreciate the facts presented. &nbsp;I have offered my apology for not reaching out to Representative Sears for comment prior to this post, certainly no offense was meant; I reported based on the facts on the ground.</p><p>After dismissing the facts in my article as inaccurate, Sears went on; not to offer correction, but to restate her prior positions on the state constitutional amendment previously passed in Ohio, her reason for not supporting the HCFA (HB 91) and her bill, HB 3, which focuses on regulating navigators. &nbsp;</p><p>It is the state constitutional amendment, the Healthcare Freedom Amendment, that Sears points to as the reason she believes she cannot support the HCFA. According to the representative:</p><blockquote><p>It seems illogical to push legislation that would work towards the destruction of our private healthcare marketplace. I have yet to hear a workable argument that suggests that HB 91 doesn’t violate our Constitution.</p><p>The Healthcare Freedom Constitutional Amendment passed by 66% of Ohio and in all 88 counties in Ohio states:</p><p>• Section 21 (A) No federal, state, or local law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system.&nbsp;</p><p>•&nbsp;Section 21 (B) No federal, state, or local law or rule shall prohibit the purchase or sale of health care or health insurance.&nbsp;</p><p>• Section 21 (C) No federal, state, or local law or rule shall impose a penalty or fine for the sale or purchase of health care or health insurance.</p><p>I could suggest that if we pass HB 91, then we violate Section 21(b) and Section 21(c) in that we will be prohibiting both the sale of health insurance and an individual’s right to purchase health insurance by imposing law and rules that would be specifically used to punish a carrier should they accept any remuneration, credit, or subsidy as provided in the PPACA.</p></blockquote><p>As I pointed out in my original article, and Sears reaffirmed in her response, Ohio has refused to enact a state exchange. &nbsp;Therefore, as noted by HB 91 co-sponsor Rep Young, “the HCFA legislation puts the same amount of limitation on these providers as the state refusing to run its own exchange.” &nbsp;HCFA doesn’t limit the purchase or sale of health insurance, it simply limits the funding a health insurance company can receive from the federal government. Further, the HCFA reaffirms the constitutional amendment by prohibiting insurance companies from accepting federal funds that would result in penalty taxes for consumers; that certainly sounds like an added protection for the citizens of Ohio. &nbsp;</p><p>On the subject of Sears’ bill, HB 3, and funding for the navigators, Sears stated:&nbsp;</p><blockquote><p>First I would like to point out to Ms. Howe, and would have if she would have contacted me, that the State of Ohio is not offering a State Exchange. The State of Ohio is not hiring nor are we paying Navigators. A quick read of the law clearly states that: “(6) FUNDING.—Grants under this subsection shall be made from the operational funds of the Exchange and not Federal funds received by the State to establish the Exchange”. We are expecting hundreds of additional pages of Federal regulation soon regarding the role of the Navigator.</p><p>In Ohio, the Federal Government will be managing the Exchange and funding will come from the Exchange. Carriers that choose to sell on the Exchange will be charged a tax that will create the funding. Ms. Howe’s statement that “California is slated to spend hundreds of millions of dollars to hire 21,000 navigators” is consistent with the fact California is opting for a State run Exchange; Ohio is not!</p></blockquote><p>So, as Ohio is not running a state exchange, a fact which again I should point out was stated in my original article, exactly where will funding come from for them? According to the Washington Post, “Over the short term, some workers may be funded by federal grants, state budgets or private money. &nbsp;But over the longer term, most of the costs are to be covered by the new health-care marketplaces, called exchanges, being set up in every state.” &nbsp;Instead of legislating the regulation of the navigators, it would appear the larger issue is whether Ohio will even have them considering the state would be forced to pay for them. &nbsp; &nbsp;</p><p>Finally, Sears went on to defend her position as an employee of an insurance company:</p><blockquote><p>It is surprising to believe that Ms. Howe would believe that we should work to serve Ohio and our district only on committees that we have little understanding of the issues. Clearly, if we are looking at insurance issues, someone with an insurance background would be helpful; as legal issues come up we look at our attorneys....</p><p>Ms. Howe writes “the fact that she works at an insurance agency that will benefit from her bill seems a conflict of interest.” I would refer Ms. Howe again to HB 3 which states “(3) The superintendent shall not certify as a navigator, and shall revoke any existing navigator certification of, any individual, organization, or business entity that is receiving financial compensation, including monetary and in-kind compensation, gifts, or grants, on or after October 1, 2013, from an insurer offering a qualified health benefit plan through an exchange operating in this state.”&nbsp;</p><p>We very specifically drafted the bill to prevent someone from working as either a licensed insurance agent or a navigator and receiving a financial gain from both the exchange and qualified health benefit plans. Quite frankly, I ensured that I could not gain from HB 3. &nbsp;I suppose that I could quit my position as a licensed insurance agent and work as a navigator whose expected income will be between $10 and $14 dollar hourly rate, however I will suggest that is not likely.</p></blockquote><p>To address the comparison of lawyers who serve as public officials, yes, their expertise can work well in the design of laws. &nbsp;However, it is not generally the case that they are designing laws for their industry to protect them against imaginary threats from those who aren’t lawyers. &nbsp;As I originally stated, Obamacare specifically bars navigators from issuing health insurance. &nbsp;The direction of HB 3 to ensure navigators aren’t compensated by insurance companies is redundant, as Obamacare covers that provision as well. &nbsp;So once again, if not helping to protect the concerned health care industry that has spent almost $1 million on Sears’ elections, why include unnecessary language in HB 3?</p><p>As for the idea of Sears quitting her job and becoming a navigator, I’m not sure where that even comes from; especially since she has reassured her company and others like it that navigators won’t be stealing from their coffers.</p><p>I appreciate Rep Sears’ efforts to explain her positions, though I continue to respectfully disagree. &nbsp;Sears may have reservations about the HCFA, but with support for it found among her constituents, I believe she should reconsider the merits of the bill. &nbsp;It is a powerful position the representative has found herself in and it is very unfortunate to see that the HCFA has not yet received an additional hearing.</p></div></div></div><div class="field field-name-files field-type-file field-label-above"><div class="field-label">Files:&nbsp;</div><div class="field-items"><div class="field-item even"><span class="file"><img class="file-icon" alt="" title="application/pdf" src="/modules/file/icons/application-pdf.png" /> <a href="//d7.freedomworks.org.s3.amazonaws.com/Response_to_Breeann_4.9.pdf" type="application/pdf; length=119298">Response_to_Breeann_4.9.pdf</a></span></div></div></div>Wed, 10 Apr 2013 20:46:35 +0000breeanneh57230 at http://www.freedomworks.orghttp://www.freedomworks.org/content/ohio-health-care-freedom-act-tabled-republicans#commentsRepublican Representative Barbara Sears Blocks Effort Against Obamacarehttp://www.freedomworks.org/content/republican-representative-barbara-sears-blocks-effort-against-obamacare
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"><p>In early March, Ohio State Representative Ron Young and Rep. Andy Thompson <a href="http://www.freedomworks.org/blog/breeanneh/ohio-finds-new-hope-against-obamacare" target="_blank">introduced</a> a bill known as, “The Health Care Freedom Act,” (HCFA) that proposed a new line of defense against the Patient Protection and Affordable Care Act, or, Obamacare.&nbsp; The bill, when passed, will prohibit health insurance companies in Ohio from accepting any federal funding that would trigger penalties for employers or individuals who aren’t compliant with Obamacare.&nbsp; Wednesday, when the bill was brought up in committee, opposition arose; but not only from the expected side of the aisle.&nbsp; While the Democrats did balk at the bill, Republican Majority Floor Leader Barbara Sears also took issue with HCFA.&nbsp; One needn’t look too deep to understand why Sears wouldn’t want the HCFA to pass in Ohio.&nbsp; Not only has she received a substantial amount of financial contributions from the health care industry, she currently works at a health insurance provider and <a href="http://www.ohiohouse.gov/barbara-r-sears/press/ohio-house-passes-legislation-to-amend-regulations-and-licensing-of-insurance-navigators" target="_blank">recently</a> passed her own bill which helps implement Obamacare.</p> <p>Representative Sears is currently serving her third term in Ohio and over the years has <a href="http://www.followthemoney.org/database/uniquecandidate.phtml?uc=9324&amp;so9=a&amp;p9=1#sorttable9" target="_blank">amassed</a> nearly $1 million in campaign contributions from various members of the health care industry.&nbsp; In fact, her list of donors is a veritable who’s who of health care heavy hitters including: Humana, Merck &amp; Co, Aetna, United Health Care, Johnson and Johnson and many more national players.&nbsp; When she’s not representing the people of Ohio (or the health care industry) in the House, she works as the Senior Vice President of Employee Benefits at Roemer Insurance, who's website <a href="http://www.roemer-insurance.com/about.htm" target="_blank">refers</a> to her as a “resource,” as well as an employee.&nbsp; Perhaps it was in the spirit of being a “resource” that led Sears to introduce <a href="http://www.lsc.state.oh.us/analyses130/h0003-i-130.pdf" target="_blank">HB 3</a>, a bill that regulates the “navigators” established in Obamacare.</p> <p>Navigators will be individuals tasked with helping citizens through the maze of Obamacare before they actually purchase insurance.&nbsp; According to the federal law, their duties <a href="http://www.gpo.gov/fdsys/pkg/BILLS-111hr3590enr/pdf/BILLS-111hr3590enr.pdf" target="_blank">consist</a> of:</p> <blockquote><p>&nbsp;(A) conduct public education activities to raise awareness of the availability of qualified health plans;</p> <p>(B) distribute fair and impartial information concerning enrollment in qualified health plans, and the availability of premium tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402;</p> <p>(C) facilitate enrollment in qualified health plans;</p> <p>(D) provide referrals to any applicable office of health insurance consumer assistance or health insurance ombudsman established under section 2793 of the Public Health Service Act, or any other appropriate State agency or agencies, for any enrollee with a grievance, complaint, or question regarding their health plan, coverage, or a determination under such plan or coverage; and</p> <p>(E) provide information in a manner that is culturally and linguistically appropriate to the needs of the population being served by the Exchange or Exchanges.</p></blockquote> <p>The law, which mandates navigators, specifically bars them from issuing health insurance and directs that funding for the new jobs must come from the state exchanges.&nbsp; The issue of navigators has been surprisingly absent from the news, considering the large amount of money states will have to come up with to comply with this aspect of Obamacare.&nbsp; California, notorious for their problems with debt, is <a href="http://bangordailynews.com/2013/02/05/politics/for-states-hiring-health-care-navigators-a-huge-task-maine-imposes-restrictions/ " target="_blank">slated</a> to spend hundreds of millions of dollars to hire 21,000 navigators.</p> <p>So why would a Republican propose a bill that seeks to further regulate a government created job that will cost the states untold amounts of money?&nbsp; It would appear that insurance brokers across the country are getting nervous about the prospect of competition from navigators and have been lobbying for stricter standards on them.&nbsp; One such group, the Independent Insurance Agents and Brokers of America, has been <a href="http://bangordailynews.com/2013/02/05/politics/for-states-hiring-health-care-navigators-a-huge-task-maine-imposes-restrictions/" target="_blank">lobbying</a> nationwide and their Ohio affiliate has contributed financially to Rep. Sears’ campaigns since 2010.&nbsp; The passage of Sears’ bill restraining the navigators follows similar bills in Maine and Iowa. In Sears’ case, however, even setting aside the steep amount of money she has received from the health care industry, the fact that she works at an insurance agency that will benefit from her bill seems a conflict of interest. &nbsp;</p> <p>Her motives become even more suspect when considering her follow-up of speaking out against the HCFA, a bill that will protect consumers against federal penalties for noncompliance with Obamacare.&nbsp; According to <a href="http://www.gongwer-oh.com/programming/index.cfm#sthash.mN2uZs2C.dpbs" target="_blank">Sears</a>, the HCFA violates the state constitution by preventing health insurance providers from selling a product.&nbsp; “If I pass a law that tells my carriers that if they accept any funding under (Obamacare)... if I comply in that area, my penalty is suspension of my ability to accept new enrollees in the plan,” she stated.&nbsp; Yet, as Rep. Young explained, the HCFA doesn’t limit insurance providers any more than the refusal by the state to enact its own exchange.&nbsp; Why would a member of the health insurance industry resist an effort to combat the broad-sweeping mandates of Obamacare?&nbsp; Does Sears really believe insurance companies won’t be able to sell their products without federal funding?&nbsp; Perhaps it is the case that she believes insurance companies care more about receiving federal money then the consumers they are supposed to be protecting.&nbsp; Considering her close ties to the industry, Sears may be, as she did in regulating navigators, representing the concerns of insurance providers instead of Ohioans.</p> <p>The HCFA needs Rep. Sears support to continue to passage.&nbsp; If she is truly representing the people of Ohio and not the health insurance industry and herself, to back a law protecting her constituents makes logical sense.&nbsp; As the country counts down to Obamacare taking effect, all eyes will be on Ohio to lead the way out of the coming disaster.</p><p><a href="https://secure.freedomworks.org/site/Advocacy?alertId=897&amp;pg=makeACall" target="_blank">Ask Representative Sears</a> about her motives.</p></div></div></div>Mon, 25 Mar 2013 18:36:40 +0000breeanneh57189 at http://www.freedomworks.orghttp://www.freedomworks.org/content/republican-representative-barbara-sears-blocks-effort-against-obamacare#commentsOhio Finds New Hope Against ObamaCarehttp://www.freedomworks.org/content/ohio-finds-new-hope-against-obamacare
<div class="field field-name-body field-type-text-with-summary field-label-hidden"><div class="field-items"><div class="field-item even" property="content:encoded"><p>&nbsp;</p><img src="http://d7.freedomworks.org.s3.amazonaws.com/Screen_Shot_2013-03-08_at_10.36.42_AM.png" alt="Rep. Ron Young (OH)" title="Rep. Ron Young (OH)" width="240" class="imagecache imagecache-full">State Representative Ron Young and Rep. Andy Thompson have introduced a <a href="http://www.legislature.state.oh.us/BillText130/130_HB_91_I_Y.html" target="_blank">bill</a> in the Ohio House known as, “The Health Care Freedom Act,” that could offer new hope in the fight against the Patient Protection and Affordable Care Act (PPACA), otherwise known as Obamacare.&nbsp; The bill focuses on the Obamacare provision that seeks to fine citizens for failing to purchase health care.&nbsp; As the Health Care Freedom Act claims that it doesn’t conflict with the current federal law, it can be seen as a great step forward for Ohio’s health care freedom.&nbsp;According to the PPACA, employers and individuals must purchase health insurance or they will be subject to tax penalties.&nbsp; In seven months time, despite the <a href="http://thehill.com/blogs/on-the-money/domestic-taxes/286423-sequester-wont-interrupt-taxes-from-healthcare-law" target="_blank">sequester</a>, citizens may be <a href="http://www.businessinsider.com/how-much-is-the-obamacare-penalty-tax-2012-7" target="_blank">fined</a> anywhere from $695 per person to $4,700 per person; with those amounts set to increase at the rate of inflation. &nbsp;To help Americans secure health insurance, Obamacare allows for many people to receive subsidies and/or tax credits to offset the cost of insurance.&nbsp; On the insurance provider side, companies also receive subsidies to help with the added costs associated with covering a larger amount of people at lower rates to consumers.&nbsp; However, the price for the insurance companies accepting the federal subsidies is the tax penalty for citizens who don’t purchase insurance.&nbsp; As long as the insurance companies do not accept federal subsidies, consumers will not be subject to penalty taxes. &nbsp;That is where Ohio’s Health Care Freedom Act (HCFA) has potentially located a weakness.&nbsp;Once passed, HCFA prohibits health insurance companies operating in Ohio from accepting any funding from the federal government that would result in potential penalties for employers or individuals.&nbsp; If a company chooses to receive federal subsidies, their license would be suspended in the state.&nbsp; While they would still be able to conduct business previously secured, the company would be barred from writing any&nbsp;<em>new</em>&nbsp;business until the funding is returned to the federal government.&nbsp; Further, due to the rules set up within PPACA, the subsidized insurance company would be prohibited from participating in any exchange nationwide.&nbsp; As explained by Michael Cannon of the Cato Institute:<blockquote>“... since they would no longer be licensed and in good standing with the state, they would no longer qualify under the PPACA as an issuer of “qualified health plans.” The PPACA itself would therefore preclude them from writing new business or receiving subsidies through any Exchanges for as long as the suspension remained in place. Without the (illegal) subsidies, consumers and carriers would have no reason to participate in a federal Exchange.”</blockquote>&nbsp;In 2011, voters in Ohio overwhelming supported the adding of language concerning their health care freedoms to the state Constitution.&nbsp; It now <a href="http://www.legislature.state.oh.us/constitution.cfm?Part=1&amp;Section=21" target="_blank">reads</a>:<blockquote>"No federal, state, or local law or rule shall compel, directly or indirectly, any person, employer, or health care provider to participate in a health care system."&nbsp;</blockquote>The HCFA may be just what the doctor ordered in helping protect the citizens of Ohio against the federal government’s attempted intrusion into their state health care and, as evidenced by the support of the additional language to their state constitution, should be passed without objection.</div></div></div>Fri, 08 Mar 2013 15:09:30 +0000breeanneh56101 at http://www.freedomworks.orghttp://www.freedomworks.org/content/ohio-finds-new-hope-against-obamacare#comments